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40982 Federal Register / Vol. 73, No. 138 / Thursday, July 17, 2008 / Rules and Regulations
in paragraphs (c)(1)(i) and (c)(1)(ii) of section, you must comply within 180 b. In paragraph (e)(3) by removing the
this section. days after April 25, 2011. citation ``§ 63.2348(a)(4)(vi)(B)'' and
(i) For storage tanks with an existing * * * * * adding in its place the citation
internal or external floating roof, ``§ 63.2346(a)(4)(vi)(B)''.
complying with item 1.a. in Table 4 of § 63.2390 [Amended]
c. In paragraph (e)(3)(ii) by removing
this subpart, you must conduct your the citation ``§ 63.2348(a)(4)(vi)(B)'' and
initial compliance demonstration the 5. Section 63.2390 is amended as
follows: adding in its place the citation
next time the storage tank is emptied ``§ 63.2346(a)(4)(vi)(B)''.
and degassed, but not later than a. In paragraph (e)(2) by removing the
February 3, 2014. citation ``§ 63.2348(a)(4)(v)'' and adding 6. Table 10 to Subpart EEEE of Part 63
(ii) For other storage tanks not in its place the citation is amended by revising entry 6. to read
specified in paragraph (c)(1)(i) of this ``§ 63.2346(a)(4)(v)''. as follows:
TABLE 10 TO SUBPART EEEE OF PART 63.--CONTINUOUS COMPLIANCE WITH WORK PRACTICE STANDARDS
* * * * * * *
You must demonstrate continuous compliance
For each . . . For the following standard . . . by . . .
* * * * * * *
6. Storage tank at an existing, reconstructed, a. Route emissions to a fuel gas system or i. Continuing to meet the requirements speci-
or new affected source meeting any of the back to the process. fied in § 63.984(b).
tank capacity and vapor pressure criteria
specified in Table 2 to this subpart, items 1
through 6.
b. Install and, during the filling of the storage i. Except for pressure relief devices, moni-
tank with organic liquids, operate a vapor toring each potential source of vapor leak-
balancing system. age in the system, including, but not limited
to pumps, valves, and sampling connec-
tions, quarterly during the loading of a stor-
age tank using the methods and procedures
described in the rule requirements selected
for the work practice standard for equipment
leak components as specified in Table 4 to
this subpart, item 4. An instrument reading
of 500 ppmv defines a leak. Repair of leaks
is performed according to the repair require-
ments specified in your selected equipment
leak standards. For pressure relief devices,
comply with § 63.2346(a)(4)(v). If no loading
of a storage tank occurs during a quarter,
then monitoring of the vapor balancing sys-
tem is not required.
[FR Doc. E816320 Filed 71608; 8:45 am] requestors to submit payments for and aspects of the advisory opinion
BILLING CODE 656050P advisory opinion costs. process. In response to public comments
DATES: Effective Date: This final rule is received on the interim final
effective as of July 17, 2008. regulations, we published a final rule
DEPARTMENT OF HEALTH AND FOR FURTHER INFORMATION CONTACT: (63 FR 38311; July 16, 1998) revising
HUMAN SERVICES Meredith Melmed, Office of Counsel to and clarifying various aspects of the
the Inspector General, (202) 6190335. earlier rulemaking. The rulemaking
Office of the Secretary SUPPLEMENTARY INFORMATION: established procedures for requesting an
advisory opinion. Specifically, the rule
42 CFR Part 1008 I. Background provided information to the public
The Health Insurance Portability and regarding costs associated with
Office of Inspector General; Medicare Accountability Act of 1996 (HIPAA), preparing an opinion and procedures for
and State Health Care Programs: Fraud Public Law 104101, specifically submitting an initial deposit and final
and Abuse; Issuance of Advisory required the Department of Health and payment to OIG for such costs.
Opinions by the OIG Human Services (Department) to II. Interim Final Rule With Comment
AGENCY: Office of Inspector General provide a formal guidance process to Period and Final Rule
(OIG), HHS. requesting individuals and entities
ACTION: Final rule. regarding the application of the anti- On March 26, 2008, OIG published an
kickback statute, the safe harbor interim final rule amending 42 CFR
SUMMARY: OIG is adopting in final form, provisions, and other OIG health care chapter V, subchapter B (73 FR 15937).
rwilkins on PROD1PC63 with RULES
without change, an interim final rule fraud and abuse sanctions. OIG The comment period ended on April 25,
published on March 26, 2008 (73 FR published an interim final rule (62 FR 2008 and no comments were received.
15937). We received no comments to the 7350; February 19, 1997) establishing a Accordingly, OIG is adopting the
interim final rule. The interim final rule new part 1008 in 42 CFR chapter V interim final rule as a final rule with no
revised the process for advisory opinion addressing various procedural issues modifications.
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Federal Register / Vol. 73, No. 138 / Thursday, July 17, 2008 / Rules and Regulations 40983
The interim final rule modified the the criteria for a significant regulatory DEPARTMENT OF THE INTERIOR
procedures for submitting an advisory action as specified in Executive Order
opinion request by deleting the 12866. Fish and Wildlife Service
requirements at § 1008.31(b) and
Unfunded Mandates Reform Act 50 CFR Part 23
1008.36(b)(6) for an initial payment of
$250 for each advisory opinion request, Section 202 of the Unfunded [FWS-R9-IA-2008-0003] [96000-1671-0000-
and amending § 1008.31(b) to require Mandates Reform Act of 1995, Public P5]
that payment for an advisory opinion be Law 1044, requires that agencies assess
made directly to the Treasury of the anticipated costs and benefits before RIN 1018-AV70
United States, as directed by OIG. In issuing any rule that may result in
Revision of Regulations Implementing
addition, we amended § 1008.43(d) to expenditures in any one year by State,
the Convention on International Trade
state that an advisory opinion will be local, or tribal governments, in the
in Endangered Species of Wild Fauna
issued following receipt by OIG of aggregate, or by the private sector, of
and Flora (CITES); Import and Export
confirmation that payment in full has $100 million or more (adjusted annually
of Sturgeon Caviar
been remitted by the requesting party to for inflation). We believe that this final
the Department of Treasury, as directed rule will not impose any mandates on AGENCY: Fish and Wildlife Service,
by OIG. We also notified the public that, State, local, or tribal governments or the Interior.
as of the effective date of the interim private sector that would result in an ACTION: Direct final rule.
final rule, we no longer would accept expenditure of $100 million or more
checks or money orders from requesting (adjusted for inflation) in any given SUMMARY: We, the Fish and Wildlife
parties and payments must be made year, and that a full analysis under the Service (FWS), are amending certain
directly to the United States Treasury Unfunded Mandates Reform Act is not provisions related to international trade
through wire or other electronic funds necessary. in sturgeon caviar in the regulations that
transfer. We provided additional implement the Convention on
Executive Order 13132 International Trade in Endangered
instructions to the public on our Web
site (www.oig.hhs.gov) for paying fees Executive Order 13132, Federalism, Species of Wild Fauna and Flora
owed for advisory opinions via wire or establishes certain requirements that an (CITES). We are reducing the quantity of
other electronic funds transfer. agency must meet when it promulgates caviar that may be imported or exported
a rule that imposes substantial direct under the CITES personal effects
III. Regulatory Impact Statement exemption and amending the
requirements or costs on State and local
A. Administrative Procedure Act governments, preempts State law, or requirements for import of caviar from
otherwise has Federalism implications. shared stocks subject to quotas. These
The advisory opinion process is an changes are not controversial and will
established OIG program. This final rule In reviewing this final rule under the
threshold criteria of Executive Order bring U.S. regulations in line with
is limited to modifying the processing of revisions adopted by consensus at the
payments received for advisory opinion 13132, Federalism, we have determined
that this final rule would not most recent meeting of the Conference
requests. It does not modify eligibility of of the Parties to CITES (June 2007). The
a party to request an advisory opinion, significantly limit the rights, roles, and
responsibilities of State or local revised regulations will help us more
nor does it modify the standards under effectively promote species
which OIG will accept and/or analyze a governments. We have determined,
therefore, that a full analysis under conservation, help us continue to fulfill
request. OIG expects that this final rule our responsibilities under the Treaty,
will further the public's interest with Executive Order 13132 is not necessary.
and help those affected by CITES to
minimal burden by confirming the C. Paperwork Reduction Act understand how to conduct lawful
interim final rule, which deleted the international trade in sturgeon caviar.
requirement for an initial payment of a In accordance with section
3506(c)(2)(A) of the Paperwork DATES: This rule is effective September
deposit to be credited toward the final
advisory opinion processing costs, and Reduction Act of 1995, we are required 15, 2008 without further action, unless
by requiring the use of electronic to solicit public comments, and receive adverse comment is received or
transfers of funds. This final rule will final OMB approval, on any information postmarked on or before August 18,
also provide greater efficiency in collection requirements set forth in 2008. If we receive adverse comment,
processing payments from requestors rulemaking. This final rule will not then we will publish a timely
and will save staff time. impose any information collection withdrawal of the rule in the Federal
burden or affect information currently Register.
B. Regulatory Analysis collected by OIG. ADDRESSES: You may submit comments
We have examined the impact of this Accordingly, the interim final rule by one of the following methods:
final rule as required by Executive amending 42 CFR chapter V, subchapter · Federal eRulemaking Portal: http://
Order 12866, the Regulatory Flexibility B, which was published in the Federal www.regulations.gov. Follow the
Act (RFA) of 1980, the Unfunded Register at 73 FR 15937 on March 26, instructions for submitting comments.
Mandates Reform Act of 1995, and 2008, is adopted as a final rule without · U.S. mail or hand-delivery: Public
Executive Order 13132. change. Comments Processing, Attn: RIN 1018-
Dated: July 3, 2008. AV70; Division of Policy and Directives
Executive Order 12866 and Regulatory
Daniel R. Levinson, Management; U.S. Fish and Wildlife
Flexibility Act
Service; 4401 N. Fairfax Drive, Suite
Inspector General.
As discussed above, these regulations 222; Arlington, VA 22203.
Approved: July 3, 2008.
rwilkins on PROD1PC63 with RULES
were published as an interim final rule We will not accept e-mail or faxes. We
on March 26, 2008. Because no notice Michael O. Leavitt, will post all comments on http://
of proposed rulemaking was required, Secretary. www.regulations.gov. This generally
the provisions of the RFA do not apply. [FR Doc. E815777 Filed 71608; 8:45 am] means that we will post any personal
Further, this document does not meet BILLING CODE 415201M information you provide us (see the
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